What is the reasonableness of an offer to settle?

Factors to consider in determining the reasonableness of an offer to settle include: the timing of the offer; whether it had some relationship to the claim (as opposed to simply being a “nuisance offer”); whether it could easily be evaluated; and whether some rationale for the offer was provided (Hartshorne v. Hartshorne, 2011 BCCA 29 at para. 27).

In J.L.H. v. P.J.H., 2017 BCSC 2192 at para. 20, the court held that consideration of whether an offer ought reasonably to have been accepted, is to be assessed at the time the offer is open for acceptance, without reference to the award ultimately made at trial (see also Richardson v. Richardson, 2012 BCSC 1187, at para. 10).